Case Summary
This case involves Sukumaran as the plaintiff and Viswambharan as the defendant. The plaintiff seeks to recover a loan amount based on a promissory note.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise the plaint claim of Rs.35,050/- and 9% interest from 23.05.2024 till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the loan amount with interest.
Why Plaintiff Won:
The court found the plaintiff's evidence and documentation to be unrebutted and sufficient for a decree.
The court found the plaintiff's evidence and documentation to be unrebutted and sufficient for a decree.
Losing Side's Weaknesses:
The court found the plaintiff's evidence and documentation to be unrebutted and sufficient for a decree.
The court found the plaintiff's evidence and documentation to be unrebutted and sufficient for a decree.
Supporting Evidence
From the unrebutted evidence, I am satisfied that plaintiff is entitled to get a decree permitting him to realise the plaint amount from the defendant.
Judgment Evidence:
In the result, suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.35,050/- and also to realise 9% interest on the principal amount of Rs.30,000/- from the date of the suit ie, 23.05.2024 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sukumaran
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viswambharan
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note, Office copy of Lawyer’s notice, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal Jose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the plaint claim of Rs.35,050/- and 9% interest.
Evidence:
I am satisfied that plaintiff is entitled to get a decree permitting him to realise the plaint amount from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note executed and issued by defendant for the amount of ₹.30,000/-.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of registered lawyer’s notice demanding repayment of the debt amount.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the lawyer's notice by the defendant.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of Loan
Case Code
Case between Sukumaran vs Viswambharan regarding realisation of money based on promissory note.
Case Code Year
Case between Sukumaran vs Viswambharan regarding realisation of money based on promissory note.